DRIVER v. THE WAR SERVICE HOMES COMMISSIONER

[1924] VLR 535·CUSSEN, A.-C.J., McARTHUR, J., and WEIGALL, A.J.
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[1924] VLR 535
1924 VLR 535
DRIVER v. THE WAR SERVICE HOMES COMMISSIONER Supreme Court of Victoria CUSSEN, A.-C.J., McARTHUR, J., and WEIGALL, A.J. August 1, 4, 5, 1924, 26 September 1924 Arbitration — Special case stated — Three arbitrators, majority to decide — Facts stated found by two only — Contract — Supply of timber — Evidence — Construction of written document — Ambiguity — Extrinsic evidence, admissibility of — "Current market price" — Meaning of — Course of dealing where meaning of contract doubtful .

In a submission to three named arbitrators it was provided that, in case of their disagreement upon any question, the majority should decide the same. The arbitrators, having been directed by the Court to state a special case for the opinion of the Court, embodied in the case certain findings of fact, stating that they were the findings of the majority, one of the arbitrators dissenting as to some of them.

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[1924] VLR 535

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